BILL ANALYSIS C.S.S.B. 933 By: Shapiro (Madden) May 18, 1995 Committee Report (Substituted) BACKGROUND The 72nd Legislature adopted a fee for the sale of lead-acid batteries which is deposited in the hazardous and solid waste remediation fee fund. Proceeds from this fee generate about half the fund's revenues, approximately $11 million annually. None of this money is used to promote battery recycling or to address the impact of lead-acid battery recycling other than remediation. PURPOSE This bill authorizes the Texas Natural Resource Conservation Commission (TNRCC) to use 10 cents of the money collected on batteries to cover the costs of certain programs for public health impacts, economic, infrastructure and environmental impact and to encourage innovative technology in lead-acid battery recycling. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant rulemaking authority to a state officer, agency, department, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 361.133 (c), Health and Safety Code, to authorize the TNRCC to use the portion of the hazardous and solid waste remediation fund allocated under Sec. 361.138(1) for purposes described in Sec. 361.457. SECTION 2. Amends Section 361.138, Health and Safety Code, by adding Subsection (1), which allocates 10 cents of each fee on batteries for the purposes described in Sec. 361.457. SECTION 3. Adds Section 361.457 to Subchapter O, Chapter 361, Health and Safety Code as follows: Sec. 361.457. LEAD ACID BATTERY RECYCLING FEES. Allows the TNRCC to use 10 cents of each fee on new batteries to be used: (1) to address the public health impact of lead-acid battery recycling; (2) to mitigate the economic, infrastructure, and environmental impact of lead-acid battery recycling on local governments, provided any money used on multiple-use capital projects to be used only for the part of the project related to lead-acid battery recycling; or (3) to encourage the adoption of innovative technology in lead-acid batter recycling. SECTION 4. Emergency clause and immediate effective date. COMPARISON OF ORIGINAL TO SUBSTITUTE The original allows the TNRCC to use up to 20% of the funds in the hazardous and solid waste remediation fund for activities supporting battery recycling, but the substitute allows the TNRCC to use 10 cents of the fee on new batteries to be used to support battery recycling. The original limits the use of applicable funds to the similar stipulations as the substitute, except the original restricts the use of funds for a proportion of multiple-use capital projects to debt service related to battery recycling, and the substitute does contains no such restriction on multiple-use capital projects. The substitute allows funds to be used for remediation of lead-acid battery recycling and to promote lead-acid battery recycling, but the substitute has no such provisions. However, the substitute allows funds to be used to address the public health impact of lead-acid battery recycling, but the original has no such provision. SUMMARY OF COMMITTEE ACTION SB 933 was considered by the House Committee on Environmental Regulation in a formal meeting on May 18, 1995. The committee considered a complete substitute for the bill. The substitute was adopted without objection. SB 933 was reported favorably as substituted with the recommendation that it do pass and be printed by a record vote of six (6) ayes, no (0) nays, no (0) pnv, three (3) absent.